Prayer was offered by the Reverend D. D. Meighin, Retired
United Methodist Clergy, Fairmont, West Virginia.

Pending the reading of the Journal of Monday, March 3, 2014,

On motion of Senator Williams, the Journal was approved and
the further reading thereof dispensed with.

The Senate proceeded to the second order of business and the
introduction of guests.

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendments to the bill were
reported by the Clerk:

On page three, section one hundred three, lines twenty and
twenty-one, by striking out the words “in excess of one year” and
inserting in lieu thereof the words “for one year or more”;

On page five, section one hundred five, after line sixteen, by
inserting a new subdivision, designated subdivision (d), to read as
follows:

“(d) Where the cause is the nonage of either of the parties,
by the party who was capable of consenting, nor by the party not so
capable if he or she has by acts or conduct confirmed the marriage
after arriving at the age of consent;”;

And by relettering the remaining subdivisions;

On page five, section one hundred five, line twenty-six, by
striking out the words “in excess of one year” and inserting in
lieu thereof the words “for one year or more”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Eng. Com. Sub. for Senate Bill No. 58--A Bill to amend and
reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931,
as amended, all relating to domestic relations law generally;
clarifying that conviction of an offense punishable by
incarceration for one year or more prior to the marriage and
without the knowledge of the other party constitutes a basis for
voiding a marriage; clarifying that a party to a marriage who was
unaware at the time of the marriage that his or her spouse had
previously been convicted of an offense punishable by incarceration
for one year or more may not institute an annulment action if he or
she cohabited with that spouse after becoming aware of the
conviction; clarifying grounds for voiding marriages; and modifying
and removing certain language related to voiding of marriages.

On motion of Senator Unger, the following amendments to the
House of Delegates amendments to the bill were reported by the
Clerk, considered simultaneously, and adopted:

On page three, section one hundred three, lines twenty and
twenty-one, by striking out the words “for one year or more” and
inserting in lieu thereof the words “in excess of one year”;

And,

On page five, section one hundred three, line twenty-six, by
striking out the words “for one year or more” and inserting in lieu
thereof the words “in excess of one year”.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments, as amended.

Engrossed Committee Substitute for Senate Bill No. 58, as
amended, was then put upon its passage.

So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 58) passed with its House of Delegates
amended title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendment to the bill was
reported by the Clerk:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 1. STATE DEPOSITORIES.

§12-1-12d. Investments by Marshall University, West VirginiaUniversity and West Virginia School of Osteopathic

Medicine.

(a) Notwithstanding any provision of this article to the
contrary, the governing boards of Marshall University, and West
Virginia University and West Virginia School of Osteopathic
Medicine each may invest certain funds with its respective
nonprofit foundation that has been established to receive
contributions exclusively for that university and which exists on
January 1, 2005. The investment is subject to the limitations of
this section.

(b) A governing board, through its chief financial officer,
may enter into agreements, approved as to form by the State
Treasurer, for the investment by its foundation of certain funds
subject to their administration. Any interest or earnings on the
moneys invested is retained by the investing university.

(c) Moneys of a university that may be invested with its
foundation pursuant to this section are those subject to the
administrative control of the university that are collected under
an act of the Legislature for specific purposes and do not include
any funds made available to the university from the State General
Revenue Fund or the funds established in section eighteen or
eighteen-a, article twenty-two, chapter twenty-nine of this code.
Moneys permitted to be invested under this section may be
aggregated in an investment fund for investment purposes.

(d) Of the moneys authorized for investment by this section,
Marshall University, West Virginia School of Osteopathic Medicine
and West Virginia University each, respectively, may have invested
with its foundation at any time not more than the greater of:

(1) $18Sixty million dollars for Marshall University, $25
million for West Virginia School of Osteopathic Medicine and $25$70 million for West Virginia University; or

(2) Sixty-five percent of its unrestricted net assets as
presented in the statement of net assets for the fiscal year end
audited financial reports.

(3) Notwithstanding subdivisions (1) and (2) subdivision (1)
of this subsection, with the approval of the Higher Education
Policy Commission, Marshall University may increase the amount
invested to $60 million and West Virginia University may increase
the amount invested to $70 million.

(e) Investments by foundations that are authorized under this
section shall be made in accordance with and subject to the
provisions of the Uniform Prudent Investor Act codified as article
six-c, chapter forty-four of this code. As part of its fiduciary
responsibilities, each governing board shall establish investment
policies in accordance with the Uniform Prudent Investor Act for
those moneys invested with its foundation. The governing board
shall review, establish and modify, if necessary, the investment
objectives as incorporated in its investment policies so as to
provide for the financial security of the moneys invested with its
foundation. The governing boards shall give consideration to the
following:

(1) Preservation of capital;

(2) Diversification;

(3) Risk tolerance;

(4) Rate of return;

(5) Stability;

(6) Turnover;

(7) Liquidity; and

(8) Reasonable cost of fees.

(f) A governing board shall report annually by December 31 to
the Governor and to the Joint Committee on Government and Finance
on the performance of investments managed by its foundation
pursuant to this section.

(g) The amendments to this section in the second extraordinary
session of the Legislature in 2010 apply retroactively so that the
authority granted by this section shall be construed as if that
authority did not expire on July 1, 2010.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.

Engrossed Senate Bill No. 460, as amended by the House of
Delegates, was then put upon its passage.

So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 460) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

A message from The Clerk of the House of Delegates announced
the amendment by that body, adoption as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to

On motion of Senator Unger, the message on the resolution was
taken up for immediate consideration.

The following House of Delegates amendments to the resolution
were reported by the Clerk:

On page one, in the sixth Whereas clause, by striking out the
word “overpass” and inserting in lieu thereof the words “section of
highway”;

On page two, in the Resolved clause, by striking out the words
“I-81 Exit 23 overpass in DOH District 5, the ‘Deputy John L.
Burkett III Memorial Overpass’” and inserting in lieu thereof the
words “section of WV Route 901, known as Hammonds Mill Road,
beginning at U. S. Route 11 and ending at WV Route 9 in
Hedgesville, the ‘Deputy John L. Burkett III Memorial Highway’”;

On page two, in the first Further Resolved clause, by striking
out the words “bridge as the ‘Deputy John L. Burkett III Memorial
Overpass’” and inserting in lieu thereof the words “section of
highway as the ‘Deputy John L. Burkett III Memorial Highway’”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Senate Concurrent Resolution No. 22--Requesting the Division
of Highways to name the section of WV Route 901, known as Hammonds
Mill Road, beginning at U. S. Route 11 and ending at WV Route 9 in
Hedgesville, the "Deputy John L. Burkett III Memorial Highway.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the resolution.

Senate Concurrent Resolution No. 22, as amended by the House
of Delegates, was then put upon its adoption.

The question being on the adoption of the resolution, the same
was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, passage as amended, to take effect July
1, 2014, and requested the concurrence of the Senate in the House
of Delegates amendment to the Senate amendments, as to

Eng. Com. Sub. for House Bill No. 2165 Relating to death
certificates of military veterans.

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendment to the Senate
amendment to the bill was reported by the Clerk:

On page nine, section ten, subdivision (d), paragraph (4),
subparagraph (B), by striking out the words “State Registrar” and
inserting in lieu thereof the words “clerk of the county
commission”.

On motion of Senator Unger, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendments to
the bill.

Engrossed Committee Substitute for House Bill No. 2165, as
amended, was then put upon its passage.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

Com. Sub. for House Concurrent Resolution No. 9--Requesting
that bridge number 45-64-142.92 (45A064,45A065) on Interstate 64 in
Summers County, West Virginia, the “U.S. Army S/SGT Raymond
Lawrence Berry Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

Com. Sub. for House Concurrent Resolution No. 20--Requesting
that bridge number 29-11-7.97 (29A014) over Mill Creek on County
Route 11 in Mineral County, West Virginia, the “U.S. Army Corporal
William Eugene Shank Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption as amended, with its Senate amended title, of

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

Com. Sub. for House Concurrent Resolution No. 77--Requesting
the Division of Highways to name bridge number 13-64-179.36
(13A165) on Interstate 64 East, also known as the Mountain Avenue
Bridge, in White Sulphur Springs, Greenbrier County, the “U.S. Army
Private Eskridge A. Waggoner Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 84--Requesting that bridge
number 30-3/5-13.59 (30A016) on County Route 3/5 in Mingo County,
West Virginia, locally known as the Bailey Branch Pony Truss, the
“The Baisden Family Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

The Senate proceeded to the fourth order of business.

Senator Wells, from the Committee on Military, submitted the
following report, which was received:

And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.

Respectfully submitted,

Erik P. Wells,

Chair.

The resolution, under the original double committee reference,
was then referred to the Committee on Rules.

Senator Facemire, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:

Your Committee on Energy, Industry and Mining has had under
consideration

Senate Concurrent Resolution No. 80 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance authorize a study of changes in
the market for resources and methods for the production of
electrical power, to assess whether it is necessary to revise or
maintain West Virginia energy portfolio standards and to consider
what statutory requirements, if any, are necessary to promote the
use of all appropriate resources in order to provide reliable
sources of power for all consumers in West Virginia at the best
possible price.

Whereas, The United States Congress has enacted the Public
Utility Regulatory Policies Act of 1978, Pub. L. No. 95-617, 92
Stat. 3117 (1978), to reduce the nation’s electric utilities’
dependence on foreign fossil fuels by promoting the development and
use of alterative sources of energy; and

Whereas, In 2009 the Legislature enacted the Alternative and
Renewable Energy Portfolio Act, W. Va. Code §§24-2F-1 to -12, and
this act requires that state electric utilities acquire or generate
a certain percentage of their electric supply from alternative and
renewable energy sources; and

Whereas, A critical objective for both of these legislative
initiatives was to promote the development of sustained, and
sustainable, local sources of energy; and

Whereas, West Virginia has been graced with abundant natural
resources comprising a beneficial diversity of energy sources and
the West Virginia Legislature seeks to capitalize on these locally
available resources for the benefit of all the citizens and guests
of the state; and

Whereas, The market for methods and resources to provide
electrical power continues to shift and evolve in response to
market forces and emerging technologies; and

Whereas, The West Virginia Renewable Energy Portfolio Act has
not been reviewed or amended in recent years; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to authorize a study of changes in the market for
resources and methods for the production of electrical power, to
assess whether it is necessary to revise or maintain West Virginia
energy portfolio standards and to consider what statutory
requirements, if any, are necessary to promote the use of all
appropriate resources in order to provide reliable sources of power
for all consumers in West Virginia at the best possible price; and,
be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that it be
adopted.

Respectfully submitted,

Douglas E. Facemire,

Chair.

At the request of Senator Facemire, unanimous consent being
granted, the resolution (S. C. R. No. 80) contained in the
preceding report from the Committee on Energy, Industry and Mining
was taken up for immediate consideration.

On motion of Senator Facemire, the resolution was referred to
the Committee on Rules.

Senator Kirkendoll, from the Committee on Interstate
Cooperation, submitted the following report, which was received:

Your Committee on Interstate Cooperation has had under
consideration

Eng. Com. Sub. for House Bill No. 4012, Relating to the
Revised Uniform Law on Notarial Acts.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Art Kirkendoll,

Chair.

At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Interstate Cooperation.

At the request of Senator Kirkendoll, and by unanimous
consent, the bill (Eng. Com. Sub. for H. B. No. 4012) was taken up
for immediate consideration, read a first time and ordered to
second reading.

Senator Facemire, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:

Your Committee on Energy, Industry and Mining has had under
consideration

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Douglas E. Facemire,

Chair.

At the request of Senator Facemire, unanimous consent being
granted, the bill (Eng. H. B. No. 4346) contained in the preceding
report from the Committee on Energy, Industry and Mining was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary, with an
amendment from the Committee on Energy, Industry and Mining
pending.

Senator Facemire, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:

Your Committee on Energy, Industry and Mining has had under
consideration

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.

Respectfully submitted,

Douglas E. Facemire,

Chair.

At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Energy, Industry and Mining.

At the request of Senator Facemire, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 4449) was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senate Resolution No. 44--Memorializing the life of the
Honorable Robert K. “Bob” Holliday, former member of the West
Virginia Senate and House of Delegates and dedicated public
servant.

Whereas, Robert K. “Bob” Holliday was born February 11, 1933,
in Logan, West Virginia, the son of J. Kelvin and Kathleen
Holliday; and

Whereas, Mr. Holliday graduated from Montgomery High School in
1950 where he was honored as the Outstanding Senior Student,
graduated from West Virginia University, having received a B. A.
from the West Virginia Institute of Technology Journalism and
having received a M. A. from Marshall University in Political
Science; and

Whereas, Robert K. “Bob” Holliday served in the House of
Delegates from 1963 through 1968 and the State Senate from 1969 to
1972 and from 1981 through 1992 and was a respected member of
Senate and House committees; and

Whereas, During his tenure in the State Legislature he served
as Chairman for the Committee on Labor, Chairman for the Committee
on Education, Chairman for the Committee on Interstate Cooperation
and Chairman for the Committee on Health and Human Resources; and

Whereas, The Honorable Robert K. “Bob” Holliday received the
Pearl S. Buck Award in 1982, the Distinguished Service Award from
the West Virginia School of Osteopathic Medicine in 1983, the West
Virginia Rehabilitation Structural Barriers Award, an Honorary
Doctorate in the Adult Basic Education Program and was selected to
the Who’s Who in American Universities and Colleges; and

Whereas, The Honorable Robert K. “Bob” Holliday served as
Chairman for the Heart Fund, Region IV Mental Health Planning
Committee, President for the Fayette Mental Health Society,
Director for the West Virginia Mental Health Association, Board
Member of the Plateau Group Homes and Director of the New River
Gorge County Development Corporation; and

Whereas, The Honorable Robert K. “Bob” Holliday was a member
of many community organizations, including the Midland Trail
Improvement Association, Pi Sigma Alpha, the Fayette Needy
Association, the Coal Valley Lodge: AF&AM, the 32 Scottish Rite,
Shriners, the Fayette Volunteers and the Fayette County Young
Democratic Club; and

Whereas, The Honorable Robert K. “Bob” Holliday was the owner
and editor of a respected newspaper, a noted author, political
scientist and television producer; and

Whereas, The Honorable Robert K. “Bob” Holliday was a loving
and devoted husband to Deborah Bragg Holliday and father of seven
children, Kelvin Edward, Kathleen Edna, Stephen Kerr, Robert
Lawson, Jeffrey Edward, Tracey Ann and Brandon Michael; and

Whereas, In 2010, The Honorable Robert K. “Bob” Holliday was
honored for his public service to his community and his state when
the Legislature named the section of Rt. 16 from the stop light on
Rt. 19 at Fayetteville to Cotton Hill Bridge as the “Robert K.
‘Bob’ Holliday Highway”; and

Whereas, Sadly, The Honorable Robert K. “Bob” Holliday passed
away on Friday, February 28, 2014, at the age of eighty-one,
bringing an end to a long and dedicated life of public service;
therefore, be it

Resolved by the Senate:

That the Senate hereby memorializes the life of the Honorable
Robert K. “Bob” Holliday, former member of the West Virginia Senate
and House of Delegates and dedicated public servant; and, be it

Further Resolved, That the Senate expresses its most sincere
condolences to the family of the Honorable Robert K. “Bob” Holliday
on the occasion of his passing; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the Honorable Robert K.
“Bob” Holliday.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Thereafter, at the request of Senator Laird, and by unanimous
consent, the remarks by Senator Miller regarding the adoption of
Senate Resolution No. 44 were ordered printed in the Appendix to
the Journal.

Whereas, Dr. Paul Ambrose, who received his undergraduate and
medical degree from Marshall University, focused on the promotion
of health and the prevention of disease in populations by preparing
health professionals with leadership skills in public health; and

Whereas, On September 11, 2001, Dr. Paul Ambrose was aboard
the plane that crashed into the Pentagon in Washington, D. C.,
during the terrorist attack. Dr. Ambrose left an inspiring legacy
ranging from legislative affairs to work with the Surgeon General;
and

Whereas, In memorial of Dr. Paul Ambrose and his advocacy for
public health promotion, the Marshall University Family Medicine
Residency Program, in cooperation with the Robert C. Byrd Center
for Rural Health, established a curricular track for family
medicine residents, with both academic and field experiences. The
health policy track was founded in 2009 to advance the ideals of
service, stewardship and commitment, and honors principles
passionately promoted by Dr. Ambrose; and

Whereas, The goals of the Paul Wesley Ambrose Health Policy
Program are to encourage interest in health policy, with an
emphasis on rural health. The components include modules that
explore a variety of pertinent topics such as health economics and
work force issues, ethical concerns in health care, health systems
and services, health law and regulation and leadership in health
care; and

Whereas, The family medicine resident physicians attend
legislative and administrative meetings at both the state and
federal level, conducting essential research and providing valuable
knowledge and insight into health-related issues being considered
by the legislative body; and

Whereas, The purpose of the program is to provide bright,
motivated new physicians with the experiences and tools they need
to become leaders in the area of health policy; and

Whereas, Tracy Hendershot, M. D., served as the initial Health
Policy Fellow and now practices at Coplin Medical Center in
Elizabeth, WV; and the current fellows, Kimberly R Becher, M. D.,
and Kane Maiers, M. D., are in their third year of the program
while Matthew Q. Christiansen, M. D., is in his first year of the
program; and

Whereas, Kimberly R. Becher, M. D., grew up in West Virginia,
graduated from Denison University in 2002 and graduated from the
Joan C. Edwards School of Medicine in 2011. Dr. Becher serves as
the National Congress of Family Medicine Residents Representative
to the American Academy of Family Physicians (AAFP). After
finishing residency she plans to work at Primary Care Systems, a
community health center in Clay, WV; and

Whereas, Kane Maiers, M. D., grew up in Short Gap, WV. He
obtained both his undergraduate degree in Biology and his medical
degree from West Virginia University. Kane has longstanding
interests in health policy and medical education and has obtained
a Master’s of Clinical Research degree from the University of
Virginia to better prepare him for work in these areas. Dr. Maiers
served as a student representative to the Association of American
Medical Colleges and has been excited to work with the State
Legislature during his training. After residency, he hopes to join
a West Virginia practice while continuing to pursue his interest in
health policy; and

Whereas, Matthew Q. Christiansen, M. D., was born and grew up
in Spencer, WV. After graduating from Denison University in Ohio
with a degree in Biology, he worked in Yellowstone National Park
and in the Bering Sea, Alaska, as a fisheries biologist. He holds
a special interest in health policy and in making the health care
system work better for patients. After residency, he hopes to join
a rural practice while continuing to pursue his interest in health
policy; therefore, be it

Further Resolved, That the Senate commends Dr. Kimberly R.
Becher, Dr. Matthew Q. Christiansen and Dr. Kane A. Maiers for
their commitment and passion to West Virginia and their desire to
improve the health and well-being of its citizens; and, be it

Further Resolved, That the Senate invites all members of the
West Virginia Legislature to recognize the Paul Wesley Ambrose
Health Policy Fellow Program for contributing valuable physician
resources to the legislative leadership; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Joan C. Edwards School of Medicine
at Marshall University, Dr. Kimberly R. Becher, Dr. Matthew Q.
Christiansen and Dr. Kane A. Maiers.

Senate Resolution No. 46--Designating March 4, 2014, as West
Virginia University and West Virginia University Extension Day.

Whereas, In 1914, the Smith-Lever Act in the United States
Congress established a unique educational partnership between the
United States Department of Agriculture and the nation’s land-grant
universities that extends research-based knowledge through a state-by-state network of extension educators; and

Whereas, The Smith-Lever Act has stimulated innovative
research and vital educational programs for youths and adults
through the Cooperative Extension Service and its progressive
information delivery systems that improved lives and shaped a
nation; and

Whereas, The West Virginia University Extension Service is the
primary outreach arm of West Virginia University, and is the “front
porch” of WVU with an office in each of the state’s fifty-five
counties, with trusted research delivered by local WVU Extension
agent experts in areas of youth development, agriculture, community
development and families and health; and

Whereas, The West Virginia University Extension Service has
been providing trusted traditions and progressive solutions for the
state of West Virginia for the past one hundred years; therefore,
be it

Resolved by the Senate:

That the Senate hereby designates March 4, 2014, as West
Virginia University and West Virginia University Extension Day;
and, be it

Further Resolved, That the Senate recognizes the valuable
contributions that West Virginia University and the West Virginia
University Extension Service provides to the citizens and State of
West Virginia; and, be it

Further Resolved, That the Senate joins in celebrating this
landmark one hundredth birthday of the Cooperative Extension
Service; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of West Virginia
University, E. Gordon Gee and to Steve Bonanno, Interim Director of
the West Virginia University Extension Service.

At the request of Senator Williams, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the reconvened and proceeded to
the seventh order of business.

On unfinished business, coming up in regular session, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page three, in the Resolved clause, before “W. T.” by
inserting the words “U. S. Army MSGT”;

On page three, in the first Further Resolved clause, before
“W. T.” by inserting the words “U. S. Army MSGT”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 38--Requesting
the Division of Highways to name bridge number 20-61-4.63 (20A776),
crossing Paint Creek on United States Route 61, in Kanawha County,
the “U. S. Army MSGT W. T. (Big Bill) Elswick Memorial Bridge”.

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 38), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular session, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page two, in the eleventh Whereas clause, before the word
“Army” by inserting “U. S.”;

On page two, in the Resolved clause, before the word “Army” by
inserting “U. S.”;

On page two, in the first Further Resolved clause, before the
word “Army” by inserting “U. S.”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 56--Requesting
the Division of Highways to name bridge number 48-18-20.53
(48A087), and known locally as the Jackson Bridge on West Virginia
Route 18 north of Middlebourne, Tyler County, as the "U. S. Army
SSG Jesse Adam Ault Memorial Bridge."

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 56), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

The Senate proceeded to the eighth order of business.

Eng. Com. Sub. for House Bill No. 4003, Granting dual
jurisdiction to counties where a student who lives in one county
and attends school in another in order to enforce truancy policies.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4301) passed.

The following amendment to the title of the bill, from the
Committee on Interstate Cooperation, was reported by the Clerk and
adopted:

Eng. House Bill No. 4301--A Bill to amend and reenact §20-2-28
of the Code of West Virginia, 1931, as amended, relating to
hunting, trapping and fishing licenses; and permitting limited
reciprocal use of hunting and fishing licenses with states which
share river borders with this state.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4402, Providing a procedure
for the conditional discharge for first offense underage purchase,
consumption, sale, service or possession of alcoholic liquor.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4402) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4402--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §60-6-26, relating to the conditional discharge
for first offense underage purchase, consumption, sale, service,
possession of nonintoxicating beer or alcoholic liquor or obtaining
nonintoxicating beer or alcoholic liquor by misrepresentation of
age; allowing for probation in lieu of conviction under certain
circumstances; permitting the court to enter an adjudication upon
violation of probation; providing for discharge and dismissal if
terms of probation are met; stating the effect of the discharge and
dismissal; prohibiting prosecution or penalty for failure of the
person to disclose or acknowledge an arrest or trial that was
discharged and dismissed pursuant to this section; precluding a
person from using the benefits of this section more than once;
permitting expungement of records under certain circumstances;
requiring payment of regular court costs by persons whose case is
disposed of pursuant to this section; and ensuring court costs
assessed are distributed according to code.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. House Bill No. 4421, Allowing the lottery to pay prizes
utilizing other payment methods in addition to checks.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4437) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. House Bill No. 4437--A Bill to amend of the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §49-5E-6a and §49-5E-6b, all relating to the Division of
Juvenile Services; authorizing the Director of Juvenile Services to
establish juvenile trustee accounts and funds for earnings and
personal property of juveniles; creating a juvenile benefit fund;
creating special revenue accounts in the office of the Treasurer
for juvenile benefit funds; and including residents of the Division
of Juvenile Services as a division designated to receive and
disburse such funds.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. House Bill No. 4445, Modifying the definition of
"battery" and "domestic battery".

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4445) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

The Senate proceeded to the ninth order of business.

Eng. Com. Sub. for House Bill No. 4067, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

On page ten, section three, line ten, after the word
“authorized” by striking out the period and inserting the
following: with the following amendment:

On pages one and two, section two, by striking out all of
subsections 2.3 and 2.4 and inserting in lieu thereof two new
subsections, designated subsections 2.3 and 2.4, to read a follows:

2.3. The projected expenditure schedule will be divided by the
previous fiscal year’s billed average daily inmate population to
yield the preliminary projected cost per inmate day. The West
Virginia Regional Jail and Correctional Facility Board, established
under W. Va. Code §31-20-3, shall evaluate the preliminary
projected cost per inmate day to determine if reductions can be
implemented based on other revenues, cash reserves, and cost
efficiency efforts. The Board may reduce the preliminary projected
cost per inmate day based on adopting a fiscally sound annual
operating budget.

2.4. The Board’s approved cost per inmate day shall then
become effective as of July 1st of the next fiscal year’s budget
following the October projection.

The bill (Eng. Com. Sub. for H. B. No. 4067), as amended, was
then ordered to third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

On page four, section five, line twenty-four, by striking out
the word “highway” and inserting in lieu thereof the word
“roadway”.

The bill (Eng. Com. Sub. for H. B. No. 4304), as amended, was
then ordered to third reading.

Eng. House Bill No. 4365, Relating to employer remittance and
reporting of Teachers Retirement System member contributions to the
retirement board.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. House Bill No. 4457, Authorizing a legislative rule for
the Council of Community and Technical College Education regarding
WV EDGE program.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. House Bill No. 4488, Eliminating the requirement for
notarization of the articles of incorporation for cooperative
associations.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. House Bill No. 4618, Establishing transformative system
of support for early literacy.

On second reading, coming up in regular order, was read a
second time.

The following amendments to the bill, from the Committee on
Education, were reported by the Clerk, considered simultaneously,
and adopted:

On page four, section ten, lines thirty-eight through forty-five, by striking out all of subdivision (4) and inserting in lieu
thereof a new subdivision, designated subdivision (4), to read as
follows:

(4) To ensure that all students read proficiently by the end
of third grade, a statewide comprehensive approach to early
literacy is required. This approach shall focus on supports during
the early learning years which include schools and engaged
communities mobilized to remove barriers, expand opportunities, and
assist parents in fulfilling their roles and responsibilities to
serve as full partners in the success of their children.;

On page five, section ten, line sixty-nine, by striking out
the word “Ensure” and inserting in lieu thereof the word
“Ensuring”;

On page five, section ten, line seventy-four, by striking out
the word “Close” and inserting in lieu thereof the word “Closing”;

On page five, section ten, line seventy-seven, by striking out
the word “Assist” and inserting in lieu thereof the word
“Assisting”;

On page six, section ten, line eighty-one, by striking out the
word “Maximize” and inserting in lieu thereof the word
“Maximizing”;

On page six, section ten, line eighty-four, by striking out
the word “Support” and inserting in lieu thereof the word
“Supporting”;

On page six, section ten, line eighty-eight, by striking out
the word “Ensure” and inserting in lieu thereof the word
“Ensuring”;

On page six, section ten, line ninety-four, by striking out
the word “Create” and inserting in lieu thereof the word
“Creating”;

On page seven, section ten, line one hundred, by striking out
the word “Provide” and inserting in lieu thereof the word
“Providing”;

On page seven, section ten, line one hundred six, by striking
out the word “Receive” and inserting in lieu thereof the word
“Receiving”;

On page ten, section ten, line one hundred seventy-six, by
striking out the words “shall be” and inserting in lieu thereof the
word “are”;

And,

On page eleven, section ten, line one hundred eighty-eight,
after the word “and” by inserting the word “then”.

The bill (Eng. H. B. No. 4618), as amended, was then ordered
to third reading.

The Senate proceeded to the tenth order of business.

The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:

Eng. House Bill No. 4186, Relating to the procedures for
issuing a concealed weapon license.

Eng. Com. Sub. for House Bill No. 4425, Giving the
Superintendent of State Police authority to hire additional staff.

Eng. Com. Sub. for House Bill No. 4496, Providing for the
allocation of matching funds from future moneys deposited into the
West Virginia Research Trust Fund.

And,

Eng. House Bill No. 4503, Declaring certain claims against the
state and its agencies to be moral obligations of the state.

At the request of Senator Cole, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.

Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,

On motion of Senator Unger, the Senate recessed until 5 p.m.
today.

Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.

Executive Communications

Senator Kessler (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
regarding annual reports, which communication was received:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 4, 2014

Senate Executive Message No. 4

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear Mr. President:

Pursuant to the provisions of section twenty, article one,
chapter five of the Code of West Virginia, I hereby certify that
the following 2013-2014 annual reports have been received in the
Office of the Governor:

Accountancy, West Virginia Board of (FY 2012-2013)

Aeronautics Commission, West Virginia Department of
Transportation

Affordable Housing Trust Fund, West Virginia

Agricultural Land Protection Authority, West Virginia

Alcohol Beverage Control Administration, West Virginia
Department of Revenue

Alternative and Renewable Energy Resource Planning Assessment,
by the West Virginia Division of Energy; the West Virginia Division
of Environmental Protection; and the West Virginia Public Service
Commission

Architects, West Virginia Board of (FY 2012-2013)

Attorney General, Office of the, State of West Virginia

Attorney General, Office of the, State of West Virginia,
Report on the Activities of the Consumer Protection and Antitrust
Division

Corrections, Division of, West Virginia Department of Military
Affairs and Public Safety

Counseling, West Virginia Board of (2011-2013)

Court System, West Virginia (2012)

Crime, Delinquency and Correction, Law Enforcement
Professional Standards Subcommittee, Division of Justice and
Community Services, West Virginia Department of Military Affairs
and Public Safety (FY 2012-2013)

Death, Disability and Retirement Fund (Plan A) and State
Police Retirement System (Plan B), Consolidated Public Retirement
Board, West Virginia Department of Administration

Fire Marshal, State Fire Commission, West Virginia Department
of Military Affairs and Public Safety

Forestry, Division of, West Virginia Department of Commerce

Funeral Service Examiners, West Virginia Board of (FY 2012-2013)

Grievance Board, West Virginia Public Employees, West Virginia
Department of Administration

Groundwater Programs and Activities, Division of Water and
Waste Management, Groundwater Program, West Virginia Department of
Environmental Protection (Biennial Report, July 1, 2011 to June 30,
2013)

Human Rights Commission, West Virginia

Infant and Maternal Mortality, Office of Maternal, Child and
Family Health, West Virginia Department of Health and Human
Resources (2011)

Infrastructure and Jobs Development Council (West Virginia)

Insurance Commissioner, Offices of the, West Virginia
Department of Revenue (Calendar Year 2012)

Investment Management Board, West Virginia (2011)

Justice and Community Services, Division of; Justice
Reinvestment Initiative; Annual Report on Implementation of
Treatment Supervision (reporting from July 1, 2013); West Virginia
Department of Military Affairs and Public Safety

Juvenile Justice and Delinquency Prevention, Division of
Justice and Community Services (Report of State Advisory Group, a
subcommittee), West Virginia Department of Military Affairs and
Public Safety

Medical Imaging and Radiation Therapy Technology, West
Virginia Board of Examiners of

Nursing Homes and Assisted Living Facilities in West Virginia,
Office of Inspector General, Health Facility Licensure and
Certification, West Virginia Department of Health and Human
Resources (October 1, 2012 through September 30, 2013)

Residential Placement of Children; Findings, Recommendations,
and Actions of the West Virginia Commission to Study Residential
Placement of Children; Bureau for Children and Families, West
Virginia Department of Health and Human Resources

Speech-Language Pathology and Audiology, West Virginia Board
of Examiners for (FY 2012-2013)

State Police, West Virginia, West Virginia Department of
Military Affairs and Public Safety (FY 2012-2013)

State Rehabilitation Council, West Virginia

Sudden Unexplained Infant Death (SUID), Division of Research,
Evaluation and Planning, Office of Maternal, Child and Family
Health, West Virginia Department of Health and Human Resources
(2010)

Tax Commissioner of West Virginia, West Virginia Department of
Revenue (Fiftieth Biennial Report)

Tax Increment Financing, Development Office, West Virginia
Department of Commerce

Veterans Assistance, West Virginia Department of (FY 2011-2012)

Veterinary Medicine, West Virginia Board of (FY 2012-2013)

Volunteer West Virginia (State’s Commission for National and
Community Service)

Water Development Authority, West Virginia

West Virginia University Board of Governors, Unrestricted
Investment Fund for October 1, 2012 to September 30, 2013

Women’s Right to Know Act, Division of Perinatal and Women’s
Health, Office of Maternal, Child and Family Health, West Virginia
Department of Health and Human Resources (2012)

Work Force Program, The Governor’s Guaranteed, Development
Office, West Virginia Department of Commerce

Very truly yours,

Earl Ray Tomblin,

Governor.

Senator Kessler (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
submitting the annual probation and parole report, which was
received:

STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 4, 2014

Senate Executive Message No. 5

The Honorable Jeffrey V. Kessler

President, West Virginia Senate

State Capitol

Charleston, West Virginia

Dear Mr. President:

In accordance with the provisions of section 11, article 7 of
the Constitution of the State of West Virginia, and section 16,
article 1, chapter 5 of the Code of West Virginia, I hereby report
that I granted no pardons or reprieves, nor commuted punishment to
any person, nor remitted any fines or penalties, during the period
of April 10, 2013, through March 4, 2014.

Very truly yours,

Earl Ray Tomblin,

Governor.

The Senate again proceeded to the fourth order of business.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 306, Budget Bill.

And reports back a committee substitute for same with the
following title:

Com. Sub. for Senate Bill No. 306 (originating in the
Committee on Finance)--A Bill making appropriations of public money
out of the Treasury in accordance with section fifty-one, article
VI of the Constitution.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 306) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Williams, from the Committee on Economic Development,
submitted the following report, which was received:

Your Committee on Economic Development has had under
consideration

Senate Concurrent Resolution No. 81 (originating in the
Committee on Economic Development)--Requesting the Joint Committee
on Government and Finance study the development and stimulation of
craft beer production and sales in the state, including review of
fees, taxation and other regulatory provisions impeding or
promoting the establishment of new craft beer businesses.

Whereas, The Legislature recognizes a rising and existing
consumer-driven market interested in purchasing locally available
and naturally produced food and drink; and

Whereas, The brewing of beer in low-volume production runs
using traditional brewing and creative skills to produce
distinctive styles and brands is a growth industry with positive
public esteem and broad approval; and

Whereas, The formulation of distinctive craft beers has
contributed to the image and identity of the communities in which
they have been produced; and

Whereas, The Legislature recognizes the importance of
strengthening our local and regional food and beverage production
for the economic development of the state; and

Whereas, West Virginia has not yet conducted a focused review
of the potential role of craft beer production and sale in a state
economic development plan; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study the development and stimulation of craft beer
production and sales in the state, including review of fees,
taxation and other regulatory provisions impeding or promoting the
establishment of new craft beer businesses; and, be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that it be
adopted.

Respectfully submitted,

Bob Williams,

Chair.

At the request of Senator Williams, unanimous consent being
granted, the resolution (S. C. R. No. 81) contained in the
preceding report from the Committee on Economic Development was
taken up for immediate consideration.

On motion of Senator Williams, the resolution was referred to
the Committee on Rules.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Senate Concurrent Resolution No. 82 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study restructuring or
realigning the Division of Corrections, Regional Jail and
Correctional Facility Authority, Board of Probation and Parole and
the Division of Justice and Community Services under the Department
of Military Affairs and Public Safety.

Whereas, The Legislature desires to continuously find ways to
improve and reform the criminal justice system that would enhance
public safety and optimize state services; and

Whereas, The Legislature is faced with the difficult and
critical task of balancing the state’s budget with limited
resources, and further recognizes that the state’s county officials
are facing similar difficulties on the local level; and

Whereas, Realigning these existing agencies into a bureau
under the Department of Military Affairs and Public Safety may
eliminate any overlap in similar services, such as programming,
training, medical and food service, file sharing and data
collection, that are currently provided by each agency,
respectively; and

Whereas, Restructuring these agencies under the Department of
Military Affairs and Public Safety may allow savings by increasing
the efficiency of the agencies and eliminating any service overlap;
therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study restructuring or realigning the Division of
Corrections, Regional Jail and Correctional Facility Authority,
Board of Probation and Parole and the Division of Justice and
Community Services under the Department of Military Affairs and
Public Safety; and, be it

Further Resolved, That the Legislative Oversight Committee on
the Regional Jail and Correctional Facility Authority be authorized
to conduct this study; and, be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the resolution (S. C. R. No. 82) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.

On motion of Senator Snyder, the resolution was referred to
the Committee on Rules.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Senate Concurrent Resolution No. 83 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance conduct a study to determine
whether the Purchasing Division should oversee the approval of
change orders on state contracts.

Whereas, Change orders can drastically increase the total cost
of a state contract; and

Whereas, There is no current oversight in regards to change
orders; and

Whereas, The justification for the approval of change orders
is not always adequately documented; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to conduct a study to determine whether the Purchasing
Division should oversee the approval of change orders on state
contracts; and, be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the resolution (S. C. R. No. 83) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.

On motion of Senator Snyder, the resolution was referred to
the Committee on Rules.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Senate Concurrent Resolution No. 84 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the implementation of a
statewide advertising program to promote the tourism industry in
West Virginia.

Whereas, Travel spending by all overnight and day visitors in
West Virginia was $5.1 billion in the 2012 calendar year, the
equivalent to approximately $13.9 million per day; and

Whereas, Travel spending in West Virginia has increased by 6.3
percent per year since 2000; and

Whereas, During 2012, visitor spending in West Virginia
directly supported approximately forty-six thousand four hundred
jobs with earnings of approximately $1.1 billion; and

Whereas, Local and state government revenues generated by
travel spending were $707 million in 2012, not including property
taxes; and

Whereas, Without these government revenues generated by travel
spending, each household in West Virginia would have had to pay an
additional $924 in state and local taxes to maintain current
service levels; and

Whereas, State spending on tourism advertising has, and
continues to, decrease; and

Whereas, Due to the recent chemical spill event, West
Virginia’s image may have been severely tarnished on a national
level; and

Whereas, Other states, such as Michigan, have undertaken a
systematic, well-funded advertising program to promote tourism in
their states and to improve their images, both nationally and
internally; and

Whereas, Because the continuing growth of West Virginia’s
tourism economy is of major importance to all our citizens, it is
in the best interest of the State of West Virginia to implement an
advertising program to promote the tourism industry in West
Virginia and to improve the state’s image; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study the implementation of a statewide advertising
program to promote the tourism industry in West Virginia; and, be
it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the resolution (S. C. R. No. 84) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.

On motion of Senator Snyder, the resolution was referred to
the Committee on Rules.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistive animals.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 2606, Permitting the State
Rail Authority to set the salary of the executive director.

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2606) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

With amendments from the Committee on Government Organization
pending;

And has also amended same.

And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4149, Allowing members of
the Board of Public Works to be represented by designees and to
vote by proxy.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4149) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on the Judiciary.

Senator Williams, from the Committee on Economic Development,
submitted the following report, which was received:

Your Committee on Economic Development has had under
consideration

Eng. Com. Sub. for House Bill No. 4184, Relating to the West
Virginia Tourism Development Act.

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.

Respectfully submitted,

Bob Williams,

Chair.

At the request of Senator Williams, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4184) contained in
the preceding report from the Committee on Economic Development was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

With amendments from the Committee on Health and Human
Resources pending;

And has also amended same.

And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Eng. Com. Sub. for House Bill No. 4217, Relating to Medicaid
reports to the Legislature.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Ron Stollings,

Chair.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Eng. Com. Sub. for House Bill No. 4237, Prohibiting the sale,
distribution and use of electronic cigarettes, vapor products and
other alternative nicotine products to persons under the age of
eighteen.

And has amended same.

Eng. Com. Sub. for House Bill No. 4335, Relating to a child's
right to nurse.

And has amended same.

And,

Eng. House Bill No. 4588, Protecting unborn children who are
capable of experiencing pain by prohibiting abortion after twenty
weeks.

And has amended same.

And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4237, Eng. Com.
Sub. for H. B. No. 4335 and Eng. H. B. No. 4588) contained in the
preceding report from the Committee on Health and Human Resources
were each taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
references, were then referred to the Committee on the Judiciary,
with amendments from the Committee on Health and Human Resources
pending.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Education.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Plymale, as chair of the Committee
on Education, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Health and Human Resources.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4298, Changing the
experience requirements of the composition of the members of the
West Virginia Ethics Commission.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4305, Relating to the
requirements of members of a building commission board be from the
same political party.

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4305) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on the Judiciary.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Eng. House Bill No. 4332, Extending the time that certain
nonprofit community groups are exempt from the moratorium on
creating new nursing home beds.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Ron Stollings,

Chair.

Senator Plymale, from the Committee on Education, submitted
the following report, which was received:

And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Education.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4392, Regulating persons who
perform work on heating, ventilating and cooling systems and fire
dampers.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4392) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4431, Clarifying that persons who possess
firearms, hunting dogs or other indicia of hunting do not
necessarily need to have a hunting license.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4460, Relating to violating provisions of
the civil service law for paid fire departments.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Eng. Com. Sub. for House Bill No. 4537, West Virginia CARES
Act.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4537) contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first
time, ordered to second reading and, under the original double
committee reference, was then referred to the Committee on Finance,
with an amendment from the Committee on Health and Human Resources
pending.

Senator Plymale, from the Committee on Education, submitted
the following report, which was received:

Your Committee on Education has had under consideration

Eng. House Bill No. 4619, Authorizing innovation school
districts.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 4619) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senator Walters.

Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senator Walters were ordered printed in the
Appendix to the Journal.

Pending announcement of a meeting of a standing committee of
the Senate,

On motion of Senator Unger, the Senate adjourned until
tomorrow, Wednesday, March 5, 2014, at 11 a.m.